Adoption.The Baltimore City Department of Housing and Community Development adopts these rules and regulations under <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45">City Code Article 19, § 45 {“Signs-On or Affecting Public Property”}</cite>.
Scope.These rules and procedures apply to the removal by parties (other than the City or its employees) of signs that are posted in violation of City Code <cite data-doc="City of Baltimore, Md., Code" data-path="|19">Article 19</cite>, §§ <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(1)">45-2(1)</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(6)">45-2(6)</cite>.
These rules and procedures do not apply to the removal of signs that are posted in violation of <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(7)">City Code Article 19, § 45-2(7)</cite>, which prohibits the placement of signs on any pole (electric pole), building or property that is owned, leased, or controlled by a public utility and located within or on any public street, alley, or other public property.
In <cite data-path="07.01.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“City” means the Mayor and City Council of Baltimore.
“Department” means the Department of Housing and Community Development.
“Designated entity” means a non-profit community or neighborhood association that is a community-based organization whose:membership is open to all residents of the community; and
objective is to support or engage in activities of public interest without any commercial or monetary profit.
“Director” means the Deputy Commissioner of Code Enforcement for the Department of Housing and Community Development.
“Individual” means someone who is 18 years of age or older.
“Person” means any individual, political candidate, political committee, firm, partnership, association, corporation, company, organization, or other entity of any kind.
“Sign” means any bill, poster, placard, handbill, flyer, painting, notice, advertisement, or other similar object or matter that contains printed or written matter in words, symbols, pictures, or any combination of them.
If any sign is posted in violation of City Code <cite data-doc="City of Baltimore, Md., Code" data-path="|19">Article 19</cite>, §§ <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(1)">45-2(1)</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(6)">45-2(6)</cite>, a person may remove the sign, except as provided in COBRA 07.01.01.03(B), and either:discard the sign; or
submit the sign, together with an affidavit that meets the requirements of COBRA 07.01.04, to the Department.
If the sign is posted at a height that is unreachable by an unassisted person or in a matter that creates a hazardous situation, rather than removing the sign, a person may report the sign to the City using 311 Services.
The affidavit must describe a single alleged violation.
A separate affidavit must be submitted with each sign posted in violation of City Code <cite data-doc="City of Baltimore, Md., Code" data-path="|19">Article 19</cite>, §§ <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(1)">45-2(1)</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(6)">45-2(6)</cite>.
The affidavit must be created using a form approved by the Department.
The affidavit must be complete.
The affidavit must be accompanied by:the sign that was removed from the location and is identified in the affidavit;
one photograph of the sign, with the address or description of the location of the sign, the date and time the photograph was taken, and the printed name and signature of the individual signing the affidavit written on the front of the photograph, that shows how the posting of the sign is in violation of City Code <cite data-doc="City of Baltimore, Md., Code" data-path="|19">Article 19</cite>, §§ <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§45-2|(1)">45-2(1)</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§452|(6)">452(6)</cite> and is a close-up picture of the sign that enables the viewer of the photograph to identify the sign as posted and the immediate background;
one photograph of the sign, with the address or description of the location of the sign, the date and time the photograph was taken, and the printed name and signature of the individual signing the affidavit written on the front of the photograph, that is a widershot picture and includes a broader view of the background behind the sign; and
a print-out from the Maryland Department of Assessment and Taxation showing the property is owned by the City, if the sign was posted on City property that has a proper address or block and lot identification; or
a map that identifies the location where the sign was posted, if the sign was posted on City property that does not have a proper address or block and lot identifier, such as a median, light pole, or parking meter.
The affidavit must be signed, under the penalty of perjury, by the individual who removed the sign.
The affidavit must be notarized.
Completed affidavits and signs:must be submitted to the Department within ten calendar days of removal; and
may be dropped off at 417 E. Fayette Street, Monday through Friday, 8:30 a.m. – 4:30 p.m.
For enforcement to proceed, the individual who supplied the affidavit must be willing and available to appear and testify at any administrative or court hearings concerning the violation.
Any individual who fails to appear or testify at an administrative hearing or court when requested to do so forfeits the designation of fines to the name non-profit community or neighborhood association.
Affidavits submitted by an individual who fails to appear or testify at an administrative hearing or court when requested to do so will not be considered for enforcement actions for a 12-month period following the failure to appear.
The affidavit may designate an entity to share in any collected fines.
The designated entity must be a non-profit community or neighborhood association:organized under the laws of the State of Maryland; and
listed with the Baltimore City Department of Planning.
The designated entity must provide the City with a completed IRS Form W-9 (“Request for Taxpayer Identification Number and Certification”) in order to obtain a vendor identification number, and only one W-9 form is required per designated entity per year.
The designated entity must have a completed W-9 on file with the City at the time of the submission of the affidavit.
The City may require that the designated entity provide:proof of its non-profit status or its registration with the Department of Planning, as applicable; and
additional information necessary to process payment.
If the designated entity provides the information required by the City, the designated entity may receive 50% of any fine that is collected in the matter pursuant to <cite data-doc="City of Baltimore, Md., Code" data-path="|1|§40">City Code Article 1, § 40</cite> or <cite data-doc="City of Baltimore, Md., Code" data-path="|1|§41">City Code Article 1, § 41</cite>.
The designated entity may not share in any penalties or interest collected by the City as assessed by the Department of Finance, the Environmental Control Board, or their designated Administrative Judge.
The Department may charge the person responsible for posting the illegal sign on City property for:
the costs of removal of the illegal sign; and
the cost of repairing any damaged caused by the placement or removal of the sign.
The Director of the Department must maintain a data system capable of reporting on:the name of the person represented on the material removed;
the number of advertisements, notices, or other signs removed;
the location of the material; and
the type of structure from which the material was removed.
The Director of the Division must report on the data collected to the Commissioner of Housing when requested.
The determination to issue a citation is at the sole discretion of the Department.
The provisions of <cite data-path="07.01.01.10">this regulation</cite> are hereby severable.
If any word, phrase, clause, sentence, paragraph, section or part in or of <cite data-path="07.01.01.10">this regulation</cite> or the application thereof to any person, circumstance or thing is declared invalid for any reason whatsoever, the remaining provisions and the application of such provisions to other persons, circumstances or things shall not be affected thereby but shall remain in full force and effect, the Commissioner hereby declaring that he would have ordained the remaining provisions of <cite data-path="07.01.01.10">this regulation</cite> without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
Adoption.
The Baltimore City Department of Housing and Community Development adopts these rules and regulations under the City Building Code, §§ 104 {“Duties and Powers of Building Official”} and 109.5.9 {Penalty Surcharge”}.
Scope.These rules and regulations require the Building Official to assess a penalty surcharge when work on a property is performed:without a permit;
outside the scope of a permit; or
after the suspension of a permit.
These rules and regulations provide standards and criteria for the reduction of surcharges assessed for work performed:without a permit;
outside the scope of a permit; or
after the suspension of a permit.
In <cite data-path="07.01.02">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“Department” means the Baltimore City Department of Housing and Community Development.
“Major work” means all work determined by the Building Official to be major work, including:additions;
decks;
demolition (full or partial);
electrical work;
excavation;
framing;
HVAC;
mechanical work;
new construction;
plumbing;
pouring concrete for a foundation, footing, or wall;
structural work;
under pinning;
curbing;
formstone removal; and
any work that requires a licensed professional.
“Minor work” means all work that is not determined by the Building Official to be major work, including:fences;
security door on a vacant building;
hanging drywall; and
concrete work not related to foundation or structure.
“Out of scope” means work that is:done without a permit;
not covered by an existing permit or plan; or
contrary to a permit or plan.
A penalty surcharge will be assessed for:
major work performed without a permit, outside the scope of a permit, or after the suspension of a permit;
work on a property that requires a Notice to Proceed from CHAP performed without a permit, outside the scope of a permit, or after the suspension of a permit; and
work that continues after the Department issues a Stop Work Order and:a permit has not been obtained for the work; or
the work has not been removed.
All applications for reduction of surcharge must be:
completed on the form provided by the Department; and
submitted to the Department within 30 days of the assessment of the surcharge.
A penalty surcharge may be reduced up to 100% if:
the surcharge was issued in error because:a permit was not necessary for the work performed;
a permit was issued for the work performed;
the work was completed by the prior owner; or
the assessment of a surcharge is inconsistent with these rules and regulations;
the applicant can establish to the Building Official’s satisfaction that the applicant reasonably believed a permit was not required;
the owner hired a licensed professional to perform the work and the written contract with that professional required that the professional obtain all necessary permits and the owner can establish to the Building Official’s satisfaction that the applicant reasonably believed the permits were obtained;
the Building Official originally considered the work major work, but the applicant can establish to the satisfaction of the Building Official that the work should be reasonably considered minor work under the circumstances;
the work was performed due to an emergency and permits were applied for within one business day of the start of the work; or
the work was initially performed under a permit that expired and the Department issued an extension of that permit.
All complete and timely applications for reduction of a surcharge will be reviewed by the Building Official or the Building Official’s designee.
The Department will not accept incomplete applications for reduction of a surcharge.
Late applications for reduction of a surcharge will be denied unless the applicant can demonstrate good cause for missing the application deadline to the Building Official.
Final decision.The Building Official shall make the final decision regarding an application for reduction of a surcharge in writing.
If an application for reduction of a surcharge contains an email address, the Building Official will email the final decision.
If an application for reduction of a surcharge does not contain an email address, the Building Official will mail the final decision by first class mail to the address provided on the application.
If the Building Official does not completely remove the full amount of surcharge, the remaining cost of the surcharge is due is due when the Building Official mails the final decision.
The provisions of <cite data-path="07.01.02.07">this regulation</cite> are hereby severable.
If any word, phrase, clause, sentence, paragraph, section or part in or of <cite data-path="07.01.02.07">this regulation</cite> or the application thereof to any person, circumstance or thing is declared invalid for any reason whatsoever, the remaining provisions and the application of such provisions to other persons, circumstances or things shall not be affected thereby but shall remain in full force and effect, the Commissioner hereby declaring that he would have ordained the remaining provisions of <cite data-path="07.01.02.07">this regulation</cite> without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
The Baltimore City Department of Housing and Community Development adopts these rules and regulations under <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§4-3">City Code Article 13, § 4-3</cite>.
“Owner-occupied” means a dwelling unit that is both:owner-occupied in fact; and
designated by the Maryland State Department of Assessments and Taxation as the owner’s principle residence.
An owner may have only one owner-occupied dwelling unit in Baltimore City.
A dwelling unit not owned by a natural person cannot be owner-occupied.
The provisions of <cite data-path="07.01.03.03">this regulation</cite>s are hereby severable.
If any word, phrase, clause, sentence, paragraph, section or part in or of <cite data-path="07.01.03.03">this regulation</cite> or the application thereof to any person, circumstance or thing is declared invalid for any reason whatsoever, the remaining provisions and the application of such provisions to other persons, circumstances or things shall not be affected thereby but shall remain in full force and effect, the Commissioner hereby declaring that he would have ordained the remaining provisions of <cite data-path="07.01.03.03">this regulation</cite> without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
The Baltimore City Department of Housing and Community Development adopts these rules and regulations under <cite data-doc="City of Baltimore, Md., Code" data-path="|19">City Code Article 19</cite>, Subtitle 8.
In <cite data-path="07.01.04">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“Alarm system” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“Commissioner” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“Contractor” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“False alarm” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“Hold-up alarm” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“Monitor” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“No-response status” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-9|(a)">City Code Article 19, § 8-9(a)</cite>.
“Panic alarm” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“Person” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
“User” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-1">City Code Article 19, § 8-1</cite>.
Any alarm contractor in Baltimore City must apply to the Department of Housing and Community Development or designee to register to operate as an alarm business.
Registration specifications.An application to register as an alarm business must be signed by:the owner of a sole proprietorship;
at least one partner of a partnership; or
a corporate officer of a corporation.
The registration application must be completed on the electronic form provided by the Department of Housing and Community Development and include:the name, address, fax number, telephone number, and email of the alarm business;
the type of business entity of the alarm business, such as whether the business is a sole proprietorship, partnership, or corporation
the Employer Identification Number (EIN); and
the name, address, fax number, telephone number, and email of the individual responsible for the operation of the alarm business in Baltimore City.
The registration application for alarm contractors must be accompanied by a registration fee of $50.00.
If the registration has been revoked or suspended, a reinstatement fee of $50.00 must accompany a reinstatement application.
In the case of a change to the information submitted as part of the registration application, the alarm business must submit written notice to the Department of Housing and Community Development or designee within ten days of the change.
Registration shall be valid for a period of one year. Registration must be renewed prior to the end of each one-year period.
Initiation of business.
An applicant may not conduct business in Baltimore City until:the registration requirements are completed; and
the application has been approved by the Department of Housing and Community Development.
Posted notice.An alarm contractor that sells or leases an alarm system or equipment to an alarm user in Baltimore City must post conspicuously at their place of business and on their website notice to alarm system purchasers of their obligation to register their alarm with the False Alarm Reduction Unit of the Baltimore Department of Housing and Community Development or its designee.
Prior to completion of the sale of the alarm system, an alarm contractor must provide the purchaser with printed notice of the user’s obligation to register the alarm system with the False Alarm Reduction Unit of the Baltimore Department of Housing and Community Development or its designee.
Requirement to report transaction.If the alarm business that sells or leases an alarm system is not under contract to monitor the system, the business must report the transaction to the Baltimore City Department of Housing and Community Development or designee within ten days of the sale or lease.
The report must be completed on the electronic form provided by the Department of Housing and Community Development and contain:the purchaser’s name;
address;
telephone number;
email address; and
make/model of the system.
Any person engaging in the business of alarm monitoring in Baltimore City must register with the Department of Housing and Community Development or its designee to operate as an alarm business.
Registration specifications.The registration application must be signed by:the owner of a sole proprietorship;
at least one partner of a partnership; or
a corporate officer of a corporation.
The registration application must include both applicant information and a list of Baltimore City customers.
Applicant information must be completed on the electronic form provided by the Baltimore City Department and include the following information:the name, address, fax number, telephone number, and email of the alarm business;
the type of business entity of the alarm business, such as whether the business is a sole proprietorship, partnership, or corporation
the Employer Identification Number (EIN); and
the name, address, fax number, telephone number, and email of the individual responsible for the operation of the alarm business in Baltimore City.
The Baltimore City customer list must include a list of the following information for all Baltimore City customers receiving service at the time of the applicant’s registration:name of the customer;
address of the customer, including apartment or suite number;
telephone number of the customer;
activation date of service for the customer;
customer account number, meaning the unique identifier of the customer; and
registration number of the customer.
Registration applications for alarm monitors must be accompanied by a registration fee of $50.00.
If the registration has been revoked or suspended, a reinstatement fee of $50.00 must accompany a reinstatement application.
In the case of a change to the applicant information submitted as part of the registration application, the alarm monitor must submit written notice to the Department of Housing and Community Development or designee within ten days of the change.
The alarm monitor must provide notification of changes to their Baltimore City customer list to the Baltimore City Department of Housing and Community Development or its designee within ten days of the change.
Registration shall be valid for a period of one year.
Registrations must be renewed prior to the end of each one-year period.
Should an alarm monitor’s registration be suspended, revoked, or refused, the alarm monitor must notify its Baltimore City customers by first class mail within five days of the suspension, revocation, or refusal of the registration that the monitoring company is unable to request Baltimore City Police Department dispatch for the duration of the period of suspension, revocation, or refusal.
Initiation of business.
An applicant may not conduct business in Baltimore City until:the registration requirements are completed; and
the application has been approved by the Department of Housing and Community Development.
Monthly update.Alarm monitors must provide the Department of Housing and Community Development with a monthly update of all Baltimore City customers receiving service at that time.
The monthly updated must include a listing of the following for each customer:name of the customer;
address of the customer, including apartment or suite number;
telephone number of the customer;
activation date of service for the customer;
customer account number, meaning the unique identifier of the customer; and
registration number of the customer.
Updates must be submitted by the fifth of each month in the method determined by the Baltimore City Department of Housing and Community Development or its designee.
An alarm technician, licensed by the State of Maryland, must be onsite to supervise the installation of any alarm system.
Any alarm contractor that installs an alarm system must provide the alarm user with a City of Baltimore Security Alarm Installation Certificate, a copy of which shall be retained by the contractor.
The alarm business must certify that:the alarm system has been installed in compliance with City law and regulations;
the person designated by the alarm user as responsible for alarm system operation has received enough training to prepare that alarm user to operate the system without false alarms caused by improper operation; and
the alarm user has been informed of the requirement to register the system with the Baltimore City Department of Housing and Community Development or designee and has been provided with a printed notice of how to register the alarm with the City.
Within ten days of activating an alarm system, the user must register the system with the Baltimore City Department of Housing and Community Development or its designee.
Any change in the information provided on the registration application or deactivation must be reported to the Department of Housing and Community Development within ten days using the method determined by the Baltimore City Department of Housing and Community Development or its designee.
All outstanding registration and alarm fees must be paid in order to maintain valid registration.
Registration of an alarm system is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of police response nor is it a waiver of government immunity by the Baltimore Police Department, Department of Housing and Community Development or the Mayor and City Council of Baltimore.
By registering an alarm system, the alarm user acknowledges that police response shall be based on normal and reasonable police procedures, and be affected by such factors as:the availability of police units;
priority of calls;
weather conditions; and
traffic conditions.
Residential User Registration.
If the alarm will be used at a residence, the registration form for the alarm must be completed on the electronic form provided by the Department of Housing and Community Development and the following information must be provided to the Department:the registration number;
the street address at which the alarm system is located, including room or suite number;
the name, address, and telephone number of the alarm user for the alarmed location;
the name, address, and telephone number of at least one person who can respond within an hour to an alarm site to deactivate the alarm;
type of alarm system, such as:a burglary alarm system;
a robbery alarm system;
a panic alarm system;
a duress alarm system; or
a medical alert;
information regarding any dangerous or special conditions at the location;
the name, address, telephone number, and business license numbers of the alarm business that installed and/or monitors the alarm system, if applicable; and
a statement regarding whether the alarm user has ever previously registered an alarm system in Baltimore City.
Commercial User Registration.
If the alarm will be used at a commercial establishment, the registration form for the alarm must be completed on the electronic form provided by the Department of Housing and Community Development and the following information must be provided to the Department:the registration number;
the non-residential alarm user’s name and trade name, if different;
the name, address, and telephone number of at least one person who can respond within an hour to an alarm site to deactivate the alarm;
Employer Identification Number (EIN);
the street address at which the alarm system is located, including room or suite number;
the telephone number at the alarmed location;
the type of business or activity conducted at an alarmed location;
type of alarm system: burglary, robbery, a duress, panic, etc;
information regarding any dangerous or special conditions at the location;
the parent company name, address, and telephone number, and the resident agent’s name;
the name and telephone number of a person responsible at the parent company location for the alarm system at the alarmed location;
the name, address, telephone number, and business license numbers of the alarm business that installed and/or monitors the alarm system, if applicable; and
a statement regarding whether the alarm user had ever previously registered an alarm system or been issued a permit in Baltimore City.
In case of unavailable representative.When a person or business listed on the registration or an amendment to the registration is unable or unwilling to perform required duties, the registrant must provide written notification to the Baltimore City Department of Housing and Community Development or designee within ten days.
The notification must include the name of an alternate person or company that is able and willing to perform those duties.
Registration is only valid for the premises registered and is not transferable to another alarm user or premises.
When a new owner takes control of a property, the former owner’s registration becomes void, and the new owner must apply for a new registration.
All registered alarm users must keep a copy of the alarm registration form and installation certificate at the alarm site and must produce such registration for inspection upon reasonable request by any Baltimore City police officer or special enforcement officer.
Alarm registrations, amendments, and renewal forms that do not have complete or correct information are invalid and the alarm system will be deemed unregistered.
Required alarm monitor response.Before requesting a police response to an alarm signal, an alarm monitor must attempt to verify the need for a police response for every alarm signal, except a hold-up or panic alarm activation, by contacting the alarm system site.
In the case of a hold-up or panic alarm activation, the alarm monitor must attempt to verify the alarm signal only after requesting police dispatch.
Telephone verification.
During telephone verification, if the first call fails to reach an alarm user who can properly identify themselves, then the alarm monitor must at least make a second call to a different number to determine whether an alarm signal is valid before requesting dispatch.
Required information to provide to police.
An alarm monitor must provide the following information when reporting an activated alarm signal to the Baltimore City Police Department and requesting a police response:the registration number issued to alarm user;
the name and registration number of the alarm monitor reporting on the activated alarm;
the name or employee number of the alarm monitor employee making the report;
a callback telephone number;
the location of the activated alarm, including the complete business or homeowner’s:name;
street address;
apartment or suite number; and
telephone number;
the type of alarm, such as:an audible alarm;
a silent alarm;
a robbery alarm;
a hold-up alarm;
a duress alarm;
a panic alarm; or
a burglary alarm;
if the alarm system is zoned, the specific location of the alarm activation, such as:the interior;
the perimeter;
a vault; or
motion detection;
if it is a non-residential site, any available information about the non-residential site, such as:whether the business is open or closed;
whether guards or guard dogs are on site, and
what, if any, dangerous or special conditions are present at the site;
if it is a residential site, any available information about the residential site, such as:the whereabouts of the homeowner;
whether any pets are presence, and if so, what types of pets; and
whether handicapped individuals are at the residence; and
whether a representative of the alarm user or alarm company is responding and, if so, the representative’s estimated time of arrival.
An alarm monitor detecting an alarm system activation from an unregistered user must report the activation of the alarm to the Baltimore City Police Department in the normal manner.
Written notification of request for police response.An alarm monitor must provide written notification to the alarm user or designee within 72 hours after the alarm monitor’s request for police response.
The monitor must maintain a record of these written notifications regarding requests for police responses.
The record of written notifications regarding requests for police responses must be made available for inspection upon request by any Baltimore City Police Officers, Special Enforcement Officers, or designees.
If an alarm monitor determines that an alarm signal is a false alarm, the alarm monitor must immediately cancel any request for police response.
Alarm users who are responsible for false alarms must either:pay a false alarm fee as set forth in <cite data-doc="City of Baltimore, Md., Code" data-path="|19|§8-8|(b)">City Code Article 19, § 8-8(b)</cite>; or
appeal the false alarm fee in writing to the Board of Municipal and Zoning Appeals.
Late fees.If a false alarm fee is not paid within 30 days of the billing date, a late fee of $25.00 will be assessed.
In the case of appeals, a late fee will not be charged unless the false alarm fee remains unpaid 30 days after an unsuccessful appeal.
Failure to pay the late fee after the due date shall be grounds for revocation of the registration.
The Baltimore City Department of Housing and Community Development or its designee may seek an injunction from the Circuit Court to prohibit the continued use of any revoked alarm system registration.
A false alarm response fee may be waived if the alarm system was activated by an act of nature, such as:a blizzard;
an earthquake;
high winds;
heavy thunderstorms;
lightning;
electrical surge; or
other circumstances not reasonably subject to the control of the alarm business or alarm user.
As a condition to waiving a fee, the Baltimore City Department of Housing and
Community Development or its designee may request a written statement from a licensed alarm company that details the reason for the false alarm.
Two or more false alarms that occur within the same 24-hour period and are the result of a single event will be considered one false alarm.
Waiver after inspection.One false alarm fee may be waived if the alarm contractor or a monitor certifies that the alarm system has been inspected and is functioning properly.
If the user is assessed for a subsequent false alarm fee, then the fee will be assessed as if the previous fee had not been waived.
An alarm user may appeal a false alarm determination to the Board of Municipal and Zoning Appeals or its designee within 30 days after the date of the false alarm notice.
An alarm user may also appeal;if the alarm system was faulty when the false alarm sounded; and
the alarm system has since been inspected and repaired by a certified alarm technician.
An alarm user may appeal the decision of the Board of Municipal and Zoning Appeals to the judicial system, per the Maryland Rules, Rule 7-201.
The provisions of <cite data-path="07.01.04.11">this regulation</cite>s are hereby severable.
If any word, phrase, clause, sentence, paragraph, section or part in or of <cite data-path="07.01.04.11">this regulation</cite> or the application thereof to any person, circumstance or thing is declared invalid for any reason whatsoever, the remaining provisions and the application of such provisions to other persons, circumstances or things shall not be affected thereby but shall remain in full force and effect, the Commissioner hereby declaring that he would have ordained the remaining provisions of <cite data-path="07.01.04.11">this regulation</cite> without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
Adoption.
The Baltimore City Department of Housing and Community Development adopts these rules and regulations under the <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5">City Code Article 13, § 5 {“Licensing of Rental Dwellings”}</cite>.
Scope.
These rules and regulations provide for the rules and procedures governing multi-family dwelling license revocation hearings.
The Hearing shall be presided over by the Director of the Baltimore City Department of Housing and Community Development (“the Commissioner”) or the Commissioner’s designee.
Any person who is entitled to notice pursuant to City Code <cite data-doc="City of Baltimore, Md., Code" data-path="|13">Article 13</cite>, §§ <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5-15">5-15</cite> through <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5-18">5-18</cite> and chooses to exercise their right to be heard shall be known as the “Respondent” or “Respondents”.
Respondents may appear and be heard in person and may present, under oath, evidence relevant and material to the matter under consideration.
Respondents may be represented by an attorney who is a member in good standing of Maryland State Bar.
A corporation may be represented by an officer or agent of the corporation or an attorney who is a member in good standing of the Maryland State Bar.
Records of proceedings.A record of all proceedings shall be made by electronic recording device.
Typewritten copies of the proceedings may be ordered by the Respondent(s) and/or the Baltimore City Department of Housing and Community Development for a fee.
The party requesting the transcription is responsible for payment of the fee.
The Housing Commissioner may designate an attorney from the Code Enforcement Legal Section of the Baltimore City Department of Housing and Community Development to present evidence and testimony to support revoking the Multi-Family Dwelling License.
All parties shall have the right to:call witnesses;
conduct direct and cross-examination;
present relevant evidence, and
to make objections and argument.
The Commissioner or the Commissioner’s designee may refuse to allow or may curtail the introduction of any evidence that is found to be:irrelevant
cumulative;
unduly prejudicial; or
outside the scope of the License Revocation Hearing.
Parties to the License Revocation Hearing may by agreement stipulate to any facts involved in the proceedings provided that each stipulation is duly-noted for the record.
Oral argument may only be made before the Commissioner or the Commissioner’s Designee.
Oral argument may be curtailed or limited at the Commissioner or the Commissioner’s Designee’s discretion.
The Maryland Rules of Evidence shall apply to the proceedings but the Commissioner or Commissioner’s Designee discretion they may allow them to be relaxed.
The Commissioner or the Commissioner’s designee may revoke a license upon a finding by a preponderance of the evidence that:the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;
the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:prostitution;
drug activity; or
any other activity that creates or constitutes a nuisance; or
the owner or lessee should have known that the premises were being used for prostitution, drug activity or any other activity that creates or constitutes a nuisance and failed to prevent it.
The order of proof shall be as follows:First, all parties present will be introduced and identified.
Second, the Commissioner’s designated attorney will make a brief statement about the purpose of the hearing.
Third, the Commissioner’s designated attorney will present testimony and evidence that shows:the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;
the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:prostitution;
drug activity; or
any other activity that creates or constitutes a nuisance; or
the owner or lessee should have known that these premises were being used for prostitution, drug activity, or any other activity that creates or constitutes a nuisance and failed to prevent it.
Fourth, cross-examination of the witnesses at the conclusion of each direct examination by the Respondent.
Fifth, re-direct by the Commissioner’s designated attorney.
Sixth, testimony and presentation of evidence may be presented by the Respondent(s).
Seventh, cross-examination of the Respondent(s) and their witness at the conclusion of each direct examination by the Commissioner’s designated attorney.
Eighth, re-direct examination by the Respondent(s).
Ninth, the presentation of closing statements, which shall not exceed ten minutes.
The written decision of the Housing Commissioner or the Commissioner’s Designee to revoke a Multi-Family Dwelling License shall be known as a “License Revocation Order”.
A written License Revocation Order shall be issued within one business day of the conclusion of the License Revocation Hearing or as soon as practicable thereafter.
Upon agreement of the parties, the decision of the Housing Commissioner or the Commissioner’s Designee may be postponed to any date certain.
The License Revocation Order shall state a brief summary of the facts and the specific section of <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5-15">City Code Article 13, § 5-15</cite> that the Respondent(s) violated.
The License Revocation Order shall be sent by First Class Mail to all Respondent(s) within one business day after the issuance of the License Revocation Order or as soon as practicable thereafter.
Postponement Request.A request for a Postponement of a License Revocation Hearing must be received within five business days prior to the hearing.
The request shall be sent via mail to the Code Enforcement Legal Section, 417 E. Fayette St., Baltimore, MD 21202 or via fax.
The postponement request shall:state the reason(s) for the postponement request; and
be signed by the party requesting the postponement.
The postponement request shall be granted or denied after review by the Commissioner or the Commissioner’s Designee.
No application for adjournment, once a License Revocation Hearing has commenced, shall be granted except for good cause shown.
In <cite data-path="07.03">this subtitle</cite>, the following terms have the meanings indicated.
Terms Defined.“Adjacent owner” means the owner of record for a property that is adjacent to a vacant lot that is a part of a proposed side yard disposition.
Affordable housing land trust.“Affordable housing land trust” has the meaning stated in <cite data-doc="Md. Code" data-path="grp|14-501">Real Property Article §14-501, Annotated Code of Maryland</cite>.
“Affordable housing land trust” includes a community housing land trust.
“Applicant” means a person who has applied to purchase a property from the Department through a disposition program.
“Application document” means the form created by the Department to apply for a disposition program.
“Applicant type” means a category of applicant applying for a disposition program including a:Homeowner;
For-profit developer;
Large 501(c)(3) nonprofit;
Small 501(c)(3) nonprofit; or
Community land trust.
“BOE portal” means the web-based system implemented by the Baltimore City Office of the Comptroller to submit required items to the Board of Estimates for:Review; and
Approval.
“Board” means the Baltimore City Board of Estimates.
“BuyIntoBmore” means the initiative developed by the Department that posts properties for sale through a disposition program.
“Commissioner” means:The Commissioner of the Department of Housing and Community Development; or
The Commissioner’s designee.
“Compliance officer” means a Department employee responsible for oversight of the terms of a land disposition agreement.
“Department” means the Baltimore City Department of Housing and Community Development.
“Disposition” means the sale of City-owned property.
“Disposition program” means a program regulated under <cite data-path="07.03">this subtitle</cite> intended to convey a City-owned property through:Sale;
Lease;
Transfer;
Swap; or
Another means of conveyance as approved by the Commissioner.
Financial document.“Financial document” means proof of monetary funds.
“Financial document” includes:A bank statement;
A pre-approval letter from a lending institution;
A retirement account statement;
An investment account statement; and
Additional documentation as approved by the Commissioner.
“Fixed Pricing Policy” means a policy approved by the Department and the Board for use in the Fixed Pricing Program that establishes sale prices for:Various applicant types, as provided for under <cite data-path="07.03">this subtitle</cite>; and
Various property types, as provided for under <cite data-path="07.03">this subtitle</cite>.
“Fixed Pricing Program” means the disposition program operated by the Department to sell properties valued at less than $100,000 to allowed applicant types.
“For-profit developer” means a person focused on rehabilitation or new construction of a property with the primary goal of generating revenue.
“Good standing” means the status conferred by the Maryland State Department of Assessments and Taxation through a Certificate of Status.
Green space.“Green space” means an unimproved parcel of land that does not include a habitable structure at the time of purchase.
“Green space” includes a:Side yard, if the side yard does not include a livable space;
Community garden; or
Park.
“Green space” does not include a parcel of land used for:Commercial use; or
Urban agriculture.
“Homeowner” means the owner of record of a property who has an approved homestead application through the Maryland State Department of Assessments and Taxation.
“Housing market typology” means a classification system developed by the Baltimore City Department of Planning that broadly categorizes and analyzes Baltimore City housing data.
“Land disposition agreement” means a contract of sale between the City, the Department, and an approved applicant that:Outlines disposition terms; and
Contains the sections required by <cite data-path="07.03">this subtitle</cite>.
“Large 501(c)(3) nonprofit” means a 501(c)(3) nonprofit with 50 or more employees.
“Lien” means a legal claim against a property for a debt.
“Nuisance property” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§5-15|(a)">City Code Article 13, § 5-15(a)</cite>.
“Owner-occupied” means a property that is the primary residence of the owner of record.
“OHAAT” means the One House at a Time Baltimore Program.
“Person” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|general">City Code General Provisions Article</cite> <cite data-doc="City of Baltimore, Md., Code" data-path="|general|1|1|1-107">§ 1-107</cite>.
“Purchaser” means an applicant for a disposition program that has received and returned an award letter from the Department in accordance with <cite data-path="07.03">this subtitle</cite>.
“Remote Online Notary (RON)” means a vendor whose technology is authorized for use during remote notarial acts in the State of Maryland.
“SDAT” means the Maryland State Department of Assessment and Taxation.
“Side yard” means vacant land for sale by the Department that is adjacent to an applicant's property.
“Site assemblage” means the combination of multiple properties to create a larger development site.
“Six-year period” means the combination of the:Twelve-month period during which an applicant is required to obtain an occupancy permit in accordance with <cite data-path="07.03">this subtitle</cite>; and
Five-year period during which an applicant is required to maintain primary residency at a property in accordance with <cite data-path="07.03">this subtitle</cite>.
“Small 501(c)(3) nonprofit” means a 501(c)(3) nonprofit with fewer than 50 employees.
Occupancy Permit.“Occupancy permit” has the meaning stated in 202.2.45 Baltimore City Building Code, Building, Fire, and Related Codes of Baltimore City, 2024 Edition.
“Occupancy permit” means a permit issued by the Department that confirms the:Intended use of a property; and
Maximum number of individuals who may occupy a property.
“Vacant building notice” means a designation conferred by the City to a property that is:Uninhabitable;
Unusable; or
A nuisance property.
“Vacant structure” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|13|§4-1|(i)">City Code Article 13, § 4-1(i)</cite>.
“Vacant lot” means a lot with no physical structures that has:Failed to abate a code violation; and
Been issued a vacant building notice.
“Waiver valuation” means a process used by the Department to determine the value of a property rather than obtaining a third-party appraisal.
“Whole block strategy” means a redevelopment plan that focuses on revitalizing an entire block rather than individual properties.
<cite data-path="07.03.02">This chapter</cite> establishes regulations governing the application, review, and approval process for a disposition program.
In General.
The Department shall:Create an application document for the disposition programs described under <cite data-path="07.03">this subtitle</cite>;
Make the application document available on the Department’s website; and
Provide technical assistance to applicants who require assistance completing the application.
Required Information.
The Department may require the following information on an application document:Applicant information that includes:Applicant type;
Contact information; and
The applicant’s current address;
Applicant history, as provided for under <cite data-path="07">this title</cite>;
OHAAT approval;
A project description;
Funding information; and
Additional criteria as required by the Commissioner to complete the application.
In accordance with the guidance posted on the Department’s website, an applicant for a disposition program shall:Submit an application to the Department in the form required; and
Remit an associated application fee to the Department at the time of submission.
In addition to the general requirements of <cite data-path="07.03.02">this chapter</cite>, the Department shall review an application for the Fixed Pricing Program using the criteria listed in <cite data-path="07.03.03">chapter 03 of this subtitle</cite>.
The Department may determine that a property is ineligible for sale through a disposition program:Prior to receiving an application for a property; or
During application review.
If the Department determines that a property is ineligible for sale during application review, the Department shall refund the associated application fee to the applicant within 15 business days.
If an application does not include the items required in <cite data-path="07.03.02.02">regulation .02 of this chapter</cite>, the Department shall:Consider the application incomplete;
Deny the application; and
Send an email to the applicant detailing the reasons for denial, including a list of documentation that may be submitted to reopen the application for review.
Documentation Request Period.If an applicant wishes to re-open an incomplete application for review, the applicant shall submit requested documentation to the Department within 5 business days of receipt of the email required by <cite data-path="07.03.02.05|A.|(3)">§A(3) of this regulation</cite>.
The Department shall acknowledge receipt of requested documentation submitted in accordance with <cite data-path="07.03.02.05|B.|(1)">§B(1) of this section</cite> within 5 business days of submission.
The Department may not review another offer until the original is rejected.
If an application meets the criteria of the disposition program being applied for as provided under <cite data-path="07.03">this subtitle</cite>, the Department shall:Approve the application for progression to settlement; and
Except as provided in <cite data-path="07.03.02.06|D.">§D of this regulation</cite>, notify the applicant of approval through an electronic award letter that includes a time period for applicant response.
Upon receipt of the award letter provided for in <cite data-path="07.03.02.06|A.|(2)">§A(2) of this regulation</cite>, an applicant shall:Sign the award letter; and
Electronically remit the signed letter to the Department within the time period specified.
Upon receipt of the signed award letter, the Department shall:Change an applicant’s designation from “applicant” to “purchaser;” and
Initiate the process of creating a land disposition agreement in accordance with <cite data-path="07.03.02.07">regulation .07 of this chapter</cite>.
If an approved applicant does not have an email address, the Department may make an accommodation to reach the applicant via the contact information provided in the application.
In General.Upon receipt of a signed award letter, the Department shall:Ensure the terms of a sale are subject to the land disposition agreement; and
Provide a draft copy of a land disposition agreement to the purchaser.
Upon receipt of the draft land disposition agreement from the Department, the purchaser shall:Review the terms of the land disposition agreement; and
Submit a requested modification to the Department via email, if a modification is necessary.
Signature.Upon agreement of contract terms, the Department shall submit the land disposition agreement for final signature from the required parties as described under <cite data-path="07.03">this subtitle</cite>.
The purchaser shall:Sign the land disposition agreement through the use of a RON; or
Sign and return the land disposition agreement via postal mail in accordance with <cite data-path="07.03.02.07|B.|(3)">§B(3) of this regulation</cite>.
A purchaser submitting a signed land disposition agreement via postal mail shall:Ensure the signed land disposition agreement is notarized;
Assume the cost of:Notarization; and
Postage;
Address the mail to the purchaser’s assigned real estate officer as specified in the award letter; and
Send the signed and notarized land disposition agreement to:
The Department may not accept a land disposition agreement that is not notarized.
Compliance.
The Department shall assign a compliance officer to ensure a purchaser remains compliant with the land disposition agreement until the Department receives a certificate of completion from the purchaser.
Board of Estimates.The Department shall submit a disposition to the Board for:Review; and
Approval.
The Board shall review the materials required by <cite data-path="07.03.02.08|A.|(1)">§A(1) of this regulation</cite>.
Settlement.The Department shall ensure settlement occurs in accordance with the terms of the land disposition agreement.
The purchaser shall be responsible for:Selecting a title company; and
Paying settlement expenses.
Exclusions.
The Department may not grant an extension to an applicant seeking to purchase green space.
A purchaser may submit an extension request to a term contained in a land disposition agreement in accordance with <cite data-path="07.03.02.09">this regulation</cite>.
To submit an extension request, a purchaser shall:Provide a written copy of the extension request that includes:The reason for the requested extension; and
The amount of time requested for the extension; and
Mail the extension request to the Department using the address noted in the land disposition agreement.
The Department may:Grant an extension to a term contained in a land disposition agreement if the purchaser has:Submitted a signed land disposition agreement in accordance with <cite data-path="07.03.02.07">regulation .07 of this chapter</cite>;
Submitted required application materials for the disposition program; and
Submitted an extension request in accordance with <cite data-path="07.03.02.09|B.">§B of this regulation</cite>; and
Require a purchaser to submit additional information related to the reason for a requested extension.
The Department shall:Acknowledge an extension request upon review via written response to the applicant; and
Submit the extension request to the Land Records Division of the Baltimore City Archives.
The Department may not unreasonably deny an extension request.
<cite data-path="07.03.03">This chapter</cite> establishes regulations governing the Fixed Pricing Program including:
Application requirements;
Review criteria;
Approval criteria;
Applicant responsibilities; and
Departmental responsibilities.
The Department may not list a property for sale through the Fixed Pricing Program if the property:
Is valued over $100,000;
Is identified for site assemblage;
Is part of an existing development project; or
Is needed to implement a Departmental whole block strategy.
The Department may sell a property through the Fixed Pricing Program if:The property is listed as available on the City’s BuyIntoBmore webpage;
The property is located within a housing market typology category approved for sale in the Fixed Pricing Policy; and
The property will be redeveloped for:Residential use;
Residential mixed-use; or
Green space.
Homeowner Side Yard.The Department may sell a property through the Fixed Pricing Program for use as a side yard if:The property is a vacant lot;
The property is:Adjacent to an occupied lot; and
Being sold as for use as a side yard to the owner of the occupied lot; and
The property is located in housing market typologies A-J.
The Department shall ensure a property sold as homeowner side yard remains subject to a 3-year use restriction that prohibits new construction during that period.
In General.
The Department shall sell a property through the Fixed Pricing Program at the price established in the approved Fixed Pricing Policy and required by these regulations.
Fixed Price Established for Vacant Buildings.A developer shall pay $3000.
A large 501(c)(3) nonprofit shall pay $3000.
A small 501(c)(3) nonprofit shall pay $1000.
A community land trust shall pay $1.
A homeowner shall pay $1.
Fixed Price Established for Vacant Lots.A developer shall pay $1000.
A large 501(c)(3) nonprofit shall pay $1000.
A small 501(c)(3) nonprofit shall pay $500.
A community land trust shall pay $1.
A homeowner shall pay $1.
If a property is assessed for less than the fixed price established in <cite data-path="07.03.03.04">this regulation</cite>, then the Department shall sell the property at the value assessed.
The following applicant types will be subject to <cite data-path="07.03.03.05">this regulation</cite>:A developer; and
A 501(c)(3) nonprofit, including a:Small 501(c)(3) nonprofit; and
Large 501(c)(3) nonprofit.
An applicant type provided for in <cite data-path="07.03.03.05|A.">§A of this regulation</cite> shall ensure:A vacant building acquired through the Fixed Pricing Program is developed for:Residential use;
Residential mixed-use; or
Residential mixed-use that includes a green space; and
An occupancy permit is obtained within 12 months from the date of settlement.
An affordable housing land trust applying to the Fixed Pricing Program shall ensure that the affordable housing land trusts are:
Registered as an affordable housing land trust with the Maryland State Department of Assessments and Taxation; and
In compliance with applicable State affordable housing land trust laws.
Vacant Buildings.A homeowner applying to purchase a vacant building through the Fixed Pricing Program shall:Ensure an occupancy permit is obtained within 12 months from the date of settlement; and
Maintain primary residency at the property for a minimum of 5 years from the date of issuance of the occupancy permit.
If a property purchased by a homeowner for primary residency is sold or leased within the 6-year period, the homeowner shall be:Deemed to be a developer of the property; and
Required to pay a pro-rated portion of $3,000 calculated based on the year that the property is sold.
Vacant Lots.
A homeowner applying to purchase a vacant lot through the Fixed Pricing Program shall:Construct a new residential unit and satisfy the requirements in <cite data-path="07.03.03.07|A.">§A of this regulation</cite>; or
Ensure the lot is used as a side yard in accordance with <cite data-path="07.03.03.03|B.|(2)">§03(B)(2) of this chapter</cite>.
The Department may consider a property eligible for the Fixed Pricing Program if the property is assessed at less than $100,000.
Properties Assessed Over $100,000
For a property assessed at over $100,000, the Department may perform an internal valuation to determine:Whether the property is eligible for the Fixed Pricing Program; and
A sale price for a property through the Fixed Pricing Program.
If the valuation determined under <cite data-path="07.03.03.08|B.|(1)">§B(1) of this regulation</cite> finds the true value of the assessed property to be less than $100,000, the Department may consider the property eligible for sale under the Fixed Pricing Program.
If the valuation determined under <cite data-path="07.03.03.08|B.|(1)">§B(1) of this regulation</cite> finds the true value of the assessed property to be $100,000 or greater, the Department may not consider the property eligible under the Fixed Pricing Program.
In General.
To be eligible for the Fixed Pricing Program, an applicant shall:Possess financial documents indicating no less than the minimum amount required by the Department for application, per applicable property;
Be in good standing with the State Department of Assessments and Taxation, if they are a business entity; and
Be free of:An open federal lien;
An open state lien; or
An applicable legal matter, in accordance with <cite data-path="07.03.03.09|C.">§C of this regulation</cite>.
Vacant Building Notices.In addition to the requirements specified in <cite data-path="07.03.03.09|A.">§A of this regulation</cite>, the Department shall consider whether an applicant owns a building with a vacant building notice in determining eligibility for the Fixed Pricing Program.
The Department may determine an applicant to be ineligible if:The applicant possesses a vacant building notice older than 2 years; or
The applicant possesses a vacant building notice that is less than 2 years old, but there are no open or active construction permits on the property.
Legal Matters.Pending Civil Proceedings.The Department shall assess whether an applicant has a pending civil proceeding during review of applicant eligibility, including a:Pending federal judgement; or
Pending State judgement.
The Department may reject an applicant based on a pending civil proceeding if the Department determines that the pending legal proceeding could inhibit the applicant from:Adhering to the terms of a land disposition agreement; or
Financing a purchase.
If an applicant rejected in accordance with <cite data-path="07.03.03.09|C.|(2)">§(2) of this section</cite> has a pending civil proceeding dropped or resolved in their favor, the applicant may re-apply for the Fixed Pricing Program.
Criminal Cases.The Department may reject an applicant based on a criminal case that could lead to imprisonment.
If an applicant rejected in accordance with <cite data-path="07.03.03.09|C.|(2)|(a)">§(2)(a) of this section</cite> is found not guilty, the applicant may re-apply for the Fixed Pricing Program.
In addition to the general application requirements for a disposition program listed in <cite data-path="07.03.02">chapter 02 of this subtitle</cite>, an applicant applying for the Fixed Pricing Program shall adhere to the requirements of <cite data-path="07.03.03.10">this regulation</cite>.
An applicant applying for the Fixed Pricing Program may not:Exceed 12 properties per application; or
Submit multiple applications under different applicant names for more than 12 properties at a time.
An applicant may apply for additional properties as use and occupancy permits on a previously purchased property are obtained in accordance with <cite data-path="07.03.03">this chapter</cite>, not to exceed 12 properties at any given time.
Side Yard Application.
To apply to purchase a side yard through the Fixed Pricing Program, an applicant shall provide:Documentation verifying that the applicant owns the property adjacent to the lot to be purchased for use as a side yard;
Documentation that the applicant’s adjacent property has a confirmed use and occupancy permit; and
Documentation of an approved Homestead Tax application through the State Department of Assessments and Taxation confirming use and primary residence of the applicant’s adjacent property.
The Department shall approve an application to the Fixed Pricing Program in accordance with <cite data-path="07.03.02">Chapter 02 of this subtitle</cite>.
The Department shall:Submit a list of the following items through the BOE portal:The address of a property awarded through the Fixed Pricing Program;
The purchase price of a property awarded through the Fixed Pricing Program;
The contact information of the prospective purchaser; and
The type of purchaser; and
Post the list required by <cite data-path="07.03.03.12|A.|(1)">§A(1) of this regulation</cite> on the Department’s website the Monday prior to the next Board Meeting.
The Board of Estimates shall:Maintain a recurring item on the Board meeting agenda titled “Fixed Pricing Policy Dispositions” to review the list provided by the Department in <cite data-path="07.03.03.12|A.|(1)">§A(1) of this regulation</cite>; and
Consider a purchaser’s inclusion on the agenda as an indication of the purchaser’s approval of the terms of the land disposition agreement approved by the Board in accordance with <cite data-path="07.03.02">chapter 02 of this subtitle</cite>.
In addition to the provisions of <cite data-path="07.03.02">chapter 02 of this subtitle</cite>:
The Department shall post an approved land disposition agreement executed for a Fixed Pricing Program disposition online for the purchaser to review.
The Department may not send a land disposition agreement executed for a Fixed Pricing Program disposition directly to the purchaser.
The purchaser shall be responsible for:Reading the terms of a land disposition agreement executed for a Fixed Pricing Program disposition; and
Signing the land disposition agreement posted online by the Department.